Legal Question in Family Law in Minnesota

Looking for basic information on standards of review and what the court of appeals is required to rule on. I am pro se writing a petition for a Writ of Certiorari from the MN Supreme Court in a child support dispute. I have two questions below.

The appeals court's decision states: "Whether to modify child support is ... [Putz v. Putz, 645 N. W. 2d 343, 347 (Minn 2002). When a CSM's order is not been reviewed by a district court, this court uses the same standard to review issues as it would use if the order had been issued by the district court. [see e.g. id at 348].

1. The CSM order was a result of a district court remand- therefore, it was not allowed to be reviewed by the district court a second time. According to was is written above -- Did they use the abuse of discretion standard of review?

2. If, preserved for appeal, and res judicata is adamantly argued:

-- Are they required to consider it? There is no metion of it anywhere- they did not say we reject it or it was agrued. Nothing, notta ...

--- If are required to consider it and didn't, what do I call the error- it that an abuse of discretion? And wouldn't they have to have reviewed it De novo??

Thanks in advance for helping me... time is of the essence to get my petition for review filed.


Asked on 9/03/13, 10:44 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

I am afraid that a Court of Appeals brief would have to be fact specific and the basis for a challenge would depend on the procedures that occurred in district Court, Generally, to be effective, a ful review of a transcript and all proceedings would be necessary.

You may always have a child support magistrate's order reviewed by the district court even if the decision was made after a remand. The failure to review the Order would be an error of law rather than an abuse of discretion. Regardless, you may always appeal directly from a Magistrate's Order and would be well advised to also argue whether the Magistrate misapplied the law or abused his or her discretion in issuing the child support order.

Maury D, Beaulier

Attorney at Law

(612) 240-8005

[email protected]

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Answered on 9/04/13, 8:49 am


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